Page:United States Statutes at Large Volume 47 Part 1.djvu/1049

 72d CONGR ESS. SESS. II. CH. 127 . FEBR UARY 27, 1933 . CONTESTING PROBATE OF WILL Contesting probate. SEC. 672. CONTESTANTS TO FI LE GR OUN DS OF CONTEST, AND PETI- filed . of, to be TIONER TO REPLY.-If anyone appears to contest the will, he must file w ritte n gro unds of op posit ion to the prob ate t hereo f, and ser ve a copy on the petitioner and other residents of the Canal Zone inter- ested in the estate, any one or more of whom may demur thereto, Demurrer thereto. upo n any of the gr ou nds of demurrer provided for in sections 135 to 139. If the dem ur rer is sustained, the court mu st al low the co n- testant a reasonable time, not exceeding ten days, within which to amend his written opposition. If the demurrer is overruled, the petit ioner and other s int erest ed may joi ntly or se parat ely a nswer Answ er. the contestant's grounds, traversing, or otherwise obviating or avoid- ing the objections. Any issues of fa ct th us ra ise d, involving : 1. The co mpete ncy of the dece dent to ma ke a last will and oai ea of fact in- testament ; 2. The freedom of the decedent at the ti me of the execution of the will from duress, menace, fraud, or undue influence ; 3. The due execution and attestation of the will by the decedent or subscribing witnesses ; or, 4. Any ot her q uesti ons s ubsta ntial ly af fecti ng the val idity of the will ; Mu st, on req uest of ei ther party in w ritin g (fi led at lea st ten Right to trial by days prior to the day set for the hearing), be tried by a jury. If jury. no ju ry is demanded, the co urt m ust try and determine the issues joined. On the trial, the contestant is plaintiff and the petitioner is defendant. SE C. 673. How JU RY OBTAINED AND TRIAL HAD .-When a jury is impanelling, etc ., of demanded, the district cou rt mu st im pa nel a ju ry to try the case, in jury. the m anner prov ided for i mpane ling trial juri es in said cour t, and the tr ial m ust be con ducte d in accor dance with the provi sions of sec ti ons 279 to 303. A trial by the court must be conducted as pro vid ed in sections 304 to 307. SEC. 674. VERDICT OF THE JURY ; JUDGMENT .-The jury, after hear- m Verdict eon d judg. ing the case, must return a special verdict upon the issues su b- mitted to t hem by the cour t, up on wh ich the j udgme nt of the court must be rendered, either admitting the will to probate or re- jecting it.. In either case, the proofs of the subscribing witnesses mus t be reduced to writing. If the w ill is adm itted to p robat e, the jud g- ment, will, and proofs must be recorded. SEC. 675. WITNE SSES, WHO AND HOW MANY TO BE EXA MINED ; PRO OF witnesses, examina- OF HANDWRITING ADMITTED, WHEN .-If the will is contested, all the tionof,etc . subscribing witnesses who are present in the Canal Zone, and who are of sound mind, must be produced and examined ; and the d eath, absence, or insanity of any of them must be satisfactorily shown to the court. If n one of the subscribing witnesses reside in the Can al Zo ne at the ti me appointed for proving the will, the court may admit the testi mony of ot her w itnes ses to pro ve the san ity of the Proof of handwriting testator and the execution of the will ; and, as evidence of the execu- tion, it may admit proof of the handwriting of the testator and of the s ubscr ibing witn esses , or any of them. SEC. 676. TESTIMONY REDUCED TO WRI TING FOR F UTURE EVID ENCE. - Testimony reduceo The testimony of each witness, reduced to writing and signed by him, to writing as evidence shall be good evidence in any subsequent contests concerning the valid ity of the will , or the s uffic iency of the pr oof t hereo f, if the witness be dead, or has permanently removed from the Canal Zone. S EC. 677. IF PROVED, CERTIFICATE TO BE ATTACHED.--If the court is Certificate to be sat is fie d, up on the pro of taken, or fr om the fac ts found by the p='o'v'ebd to will, it jury, that the will was duly executed, end that the t estato r at the 3051 •-33-88 1025